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Contracts Keyed to Burton
Nanakuli Paving and Rock Co. v. Shell Oil Co.
Citation:664 F.2d 772
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Nanakuli Paving and Rock Company (hereinafter “Nanakuli”) (plaintiff) bought all of its asphalt requirements from Shell Oil Company (hereinafter “Shell”) (defendant) from 1963 to 1974 pursuant to various long-term supply contracts. Nanakuli believed that price-protection, as a usage of the asphaltic paving trade in Hawaii, was incorporated into its 1969 agreement with Shell. Shell, however, failed to price-protect Nanakuli due to an Arab oil embargo that shortened supplies and a change in the command and policy in Shell’s asphalt management. Due to the structural changes within Shell, the new management lacked knowledge about the peculiarities of the Hawaiian market, the long-time relations with Nanakuli, or the 1969 agreement. Nanakuli sued Shell.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
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